HomeMy WebLinkAboutA007 - Memo submitting proposed flood plain ordinance to Planning City of Ames
M E M O R A N D U M
T0: Ron Wooldridge, Chief Planner
FROM: John R. Klaus , City Attorne
w,_,
DATE: November 19, 1979
SUBJECT: Flood Plain Zoning Ordinance
In response to your memorandum of November 7 , I have as you
requested, read the proposed flood plain zoning ordinance- -- -
which will be submitted and considered by the City Council
at its meeting of November 20.
I have no objection to any of the substantive provisions of
this ordinance. As for legal matters , the ordinance is for
the most part in good form. I do have certain technical
comments to make, however, as follows :
1. Section VIII, A(1) could be interpreted as creating the
position of "Chief Building- official" to be appointed by the
City Council and directly responsible to City Council. I
don' t believe that that is your intention. Certainly the
City Council has , in the past, indicated that they choose to Q
have all administrative responsibilities established by
ordinance under the City Manager with the City Manager then
free to make such delegations as the Manager sees fit to do.
Unless you have some specific objection to this , I will in-
corporate appropriate changes in this language on the final
form of ordinance as drawn up.
2 . Section VIII, C(1) purports to create and provide for
the appointment of a Zoning Board of Adjustment . As you C
know, the Zoning Board of Adjustment already exists , and
this subsection is , therefore, unnecessary.
3. Section VIII, C(4) uses the term "variance" when the
proper term is "exception" . The term variance is used
throughout this ordinance when the term "exception" is
what is , in fact , intended. I believe you appreciate and
understand the technical legal difference between vari e OK
and an exception. Under Chapter 414 of the Code of Iowa
and under the decisions of the Iowa Supreme Court inter-
preting this chapter variance is viewed as one of the inherent
powers of the Zoning Board of Adjustment regardless of what
the City' s ordinance may provide. However, the circumstances
under which a variance may be lawfully granted are extremely
limited. "Exceptions" , however, are grantable by a Board of
Ron Wooldridge 2 November 19, 1979
Adjustment only if the standards and conditions set out in the
ordinance by the City Council are met. The courts have stated
that the common device known as the special use permit , condi-
tional use, or special exception use is simply one form of the
gard, I invite your attention to my
exception. In this re
Legal Opinion No. 2 addressed to you under date of September
15, 1972 .
4. Section XI on page 15 purports to prohibit future city
councils from legislating any amendment to the flood plain
zoning regulations without the prior permission of the Iowa
Natural Resources Council . That prohibition against the
legislative powers of the City Council is void as a matter of
law and totally inappropriate to this ordinance. If the Iowa
Natural Resources Council is stating that any amendment to the
ordinance by the City Council will jeopardize federal flood
insurance unless the amendments are first reviewed by the Iowa
Natural Resources Council and found to be acceptable, this is
something that the Iowa Natural- Resources Council can explain
to the City Council by letter or rule. It is not something,
however , that belongs in the City' s zoning ordinance.
cc T.V. Sprenkel
Encl.